Category: Classification & Compensation

  • Appeals Court Upholds DOL’s Authority to Use Minimum Salary Threshold to Determine Overtime Exemptions

    Appeals Court Upholds DOL’s Authority to Use Minimum Salary Threshold to Determine Overtime Exemptions

    by CUPA-HR | September 12, 2024

    On September 11, the 5th U.S. Circuit Court of Appeals issued a ruling in Mayfield v. U.S. Department of Labor that upholds DOL’s authority to implement a minimum salary threshold to determine exempt status under the Fair Labor Standards Act (FLSA) overtime pay requirements. While the ruling does not answer how other lawsuits challenging the Biden administration’s rule will be decided, the ruling is significant and could help other federal judges determine whether or not to strike down the Biden administration’s increased minimum salary thresholds.

    Background

    The case’s plaintiff, Robert Mayfield, filed a lawsuit against the Trump administration’s overtime rule in August 2022. In his lawsuit, he argued that the FLSA language on overtime exemptions only mentions a worker’s job-related duties and that implementing a salary threshold to determine exempt status exceeds DOL’s statutory authority. The Western District Court of Texas, a lower court where the lawsuit was originally filed, sided with DOL, stating that the agency has the statutory authority to implement the FLSA overtime minimum salary threshold. Mayfield appealed the decision to the 5th Circuit soon after.

    The Decision

    In its decision that sides with the Department of Labor, the 5th Circuit Court held that DOL may use a minimum salary requirement as part of its test for determining whether or not an employee qualifies as an executive, administrative and professional (EAP) employee exempt from the FLSA overtime pay requirements. Notably, the 5th Circuit Court argued that DOL does have statutory authority under the FLSA to use a salary threshold to “define and delimit the terms of exemption.”

    Though the decision allows for DOL to use a minimum salary threshold, the 5th Circuit Court did state that there is a limit to the power granted to DOL to do so. Specifically, the decision states that DOL may only use the minimum salary requirement to the extent that the salary threshold established in the regulations is a reasonable proxy for who is and who is not an EAP employee. They argued that DOL’s power to rely on proxy is not “unbounded” and that the agency “cannot enact rules that replace or swallow the meaning” of the FLSA’s terms that they seek to define.

    Looking Ahead

    Outside of the Mayfield case, there are three pending lawsuits in the Eastern District Court of Texas to challenge the Biden administration’s overtime final rule. That rule implements a two-phase approach to increasing the minimum salary threshold under the FLSA. The first increase took effect on July 1, increasing the minimum salary threshold from the current level of $684 per week ($35,568 per year) to $844 per week ($43,888 per year), and the second increase is set to take effect on January 1, 2025, increasing the minimum salary threshold again to $1,128 per week ($58,656 per year).

    The decision from the 5th Circuit does not have an immediate impact on the lawsuits challenging the Biden administration’s overtime rule, nor does it provide a definitive answer on how lower courts decide in those legal challenges. As such, the Biden administration’s July 1 salary threshold continues to be in effect,* and the second increase to the salary threshold is still set to take effect on January 1, 2025. CUPA-HR will keep members apprised of additional updates related to the FLSA overtime pay regulations.


    *A preliminary injunction to block DOL from enforcing the overtime final rule was placed for public employees in the state of Texas. Private institutions in Texas and all other institutions outside of Texas need to be in compliance with the July 1 salary threshold.



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  • Biden Administration Releases Spring 2024 Regulatory Agenda – CUPA-HR

    Biden Administration Releases Spring 2024 Regulatory Agenda – CUPA-HR

    by CUPA-HR | July 11, 2024

    On July 5, the Biden administration released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Action (Regulatory Agenda), providing insights on regulatory and deregulatory activity under development across more than 60 federal departments, agencies and commissions. The Spring 2024 Regulatory Agenda is the first of two that will be released during the calendar year, and it sets target dates for regulatory actions in the coming months.

    CUPA-HR’s government relations team reviews each Regulatory Agenda that is released and has put together the following list of noteworthy regulations included in the current edition.

    Department of Education

    Office for Civil Rights – Discrimination Based on Shared Ancestry or Ethnicity in Response to EO 13899 on Combating Anti-Semitism and EO 13985 on Advancing Racial Equity and Support for Underserved Communities

    The Department of Education’s Office for Civil Rights (OCR) is targeting December 2024 for the release of a Notice of Proposed Rulemaking (NPRM) to amend Title VI of the Civil Rights Act of 1964 and OCR’s enforcement responsibilities for cases involving discrimination based on shared ancestry or ethnic characteristics. OCR is issuing this NPRM in response to a 2019 Trump Executive Order (EO) and a 2021 Biden EO.

    The NPRM has become a higher priority for OCR, given the recent political activity on campus related to the war in Gaza and related scrutiny from Congressional Republicans of higher education’s response to protests on campus. In the Regulatory Agenda announcement, OCR explains the need for this rulemaking by stating that they have “received complaints of harassment and assaults directed at Jewish, Muslim, Hindu and other students based on their shared ancestry or ethnicity.”

    Office for Civil Rights – Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams

    According to the Regulatory Agenda, the Biden administration has pushed its final rule on transgender students’ participation in athletic programs to its “long-term actions,” with an undetermined date for when the final rule will be published. In the Fall 2023 Regulatory Agenda, the final rule was previously targeted for March 2024.

    OCR released an NPRM on this topic in April 2023. Under the NPRM, schools that receive federal funding would not be permitted to adopt or apply a one-size-fits-all ban on transgender students participating on teams consistent with their gender identity. Instead, the proposal allows schools the flexibility to develop team eligibility criteria that serves important educational objectives, such as fairness in competition and preventing sports-related injuries. The department further explained that the eligibility criteria must take into account the sport, level of competition, and grade or education level of students participating, and the criteria would have to minimize harm to students whose opportunity to participate on a team consistent with their gender identity would be limited or denied.

    The move to push the final rule to “long-term actions” with an undetermined publication date is likely a result of recent challenges to the Biden administration’s Title IX final rule and the upcoming election. Shortly after the Title IX rule was published, over two dozen states joined lawsuits challenging the regulations, with many citing the inclusion of protections for gender identity and sexual orientation as top concerns with the final rule. Since then, the Title IX final rule has been blocked from going into effect on August 1 in 14 states.

    Federal Acquisition Regulation (FAR)

    Pay Equity and Transparency in Federal Contracting

    In December 2024, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) anticipate releasing a final rule to amend the Federal Acquisition Regulation (FAR) on pay equity and transparency in federal contracting.

    The joint agencies published a pay equity and transparency NPRM in January 2024. In the NPRM, the agencies propose to amend the FAR to implement a government-wide policy that would:

    1. prohibit contractors and subcontractors from seeking and considering job applicants’ previous compensation when making employment decisions about personnel working on or in connection with a government contract (“salary history ban”), and
    2. require these contractors and subcontractors to disclose on job announcements the compensation to be offered (“compensation disclosure” or “pay transparency”).

    As part of its justification for publishing the NPRM, the proposal noted that 21 states, 22 localities, and Washington, D.C., have put bans into place that prohibit employers from asking job applicants for their salary, and 10 states have pay transparency laws in place, with several other states working toward implementing such laws.

    Department of Homeland Security

    U.S. Citizenship and Immigration Services – Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers

    According to the Regulatory Agenda, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) anticipates releasing at least one more final rule to modernize the H-1B and F-1 visa programs in December 2024.

    In October 2023, USCIS issued an NPRM to simplify the application process for H-1B visas, increase the program’s efficiency, and strengthen the program’s integrity measures. In February 2024, USCIS issued a final rule to implement a new beneficiary-centric selection process for H-1B registrations, but it did not finalize all of the provisions that were originally included in the NPRM. When publishing the February 2024 final rule, DHS indicated that it planned to publish a separate final rule to address the remaining aspects from October’s proposed rule. The separate final action listed in the Spring Regulatory Agenda will likely be the remainder of the provisions from the NPRM.

    CUPA-HR will keep members apprised of updates to these regulations and additional policies as they are introduced.



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  • As Effective Date for Biden FLSA Overtime Rule Nears, Opposition Mounts – CUPA-HR

    As Effective Date for Biden FLSA Overtime Rule Nears, Opposition Mounts – CUPA-HR

    by CUPA-HR | June 18, 2024

    On July 1, the first phase of the U.S. Department of Labor (DOL)’s new overtime rule goes into effect. The initial phase of the rule will require employers to pay most white-collar employees a salary of at least $43,888. If employers fail to do so, those employees will be entitled to overtime pay under federal law. As the rule’s effective date approaches, opposition has mounted, with plaintiffs filing three lawsuits challenging the rule, including one filed by the state of Texas requesting that the court delay the July 1 effective date. Additionally, several Republican members of the U.S. House and Senate have introduced a Congressional Review Act (CRA) resolution aimed at blocking the rule.

    Background

    On April 23, 2024, DOL issued a final rule to amend the Fair Labor Standards Act (FLSA) overtime regulations. The FLSA requires employers to pay employees at least the minimum wage (currently $7.25) for each hour worked and 1.5 times the employee’s regular rate of pay for any hours worked over 40 in one week. However, the FLSA contains various exemptions to these overtime pay requirements, including one for white-collar employees. White-collar employees are considered “exempt” if they satisfy a three-part test: (1) the employee must be paid on a salary basis (that is, paid the same amount each week regardless of hours worked), (2) the employee’s salary must meet a minimum threshold (currently $35,568) established by DOL, and (3) the employee’s primary duties must be consistent with being an executive, administrative or professional employee. The final rule will increase the minimum salary threshold from $35,568 to $43,888 on July 1, 2024, and then to $58,656 on January 1, 2025. Thereafter, the rule requires automatic increases to the threshold every three years based on a set formula.

    Lawsuits

    On May 23, a group of 13 local and national associations and Texas businesses filed the first lawsuit in federal court in Texas challenging DOL’s rule. The suit claims that the salary threshold that goes into effect on January 1, 2025, is so high it will result in more than 4 million individuals being denied exempt status, even though these individuals could be reasonably classified as exempt based on their duties, and in doing so, the rule violates both the statutory language of the FLSA and prior court decisions. The suit also challenges the automatic updates.

    On June 3, two additional lawsuits challenging the overtime final rule were filed by a software company in Texas, as well as the state of Texas itself. In both lawsuits, the plaintiffs make arguments similar to those in the lawsuit filed in May, stating that DOL lacks authority to implement the changes provided in the final rule. The state of Texas also filed a motion for a temporary restraining order (TRO) that seeks to block the final rule from going into effect on July 1.

    While it may take the courts several months to issue decisions on the validity of the rule, the judge could decide whether to grant the state of Texas’s motion for a TRO before the July 1 effective date. The TRO would block the rule from going into effect until the court decides whether or not the rule is valid. More updates will be provided via CUPA-HR Washington Insider Alert emails as decisions are released.

    Congressional Review Act Resolution

    On June 3, Rep. Tim Walberg (R-MI) and Sen. Mike Braun (R-IN) introduced CRA resolutions in the House and Senate to block the overtime final rule from going into effect. Unlike traditional legislation, CRAs require only a simple majority in both chambers to pass (as compared to the usual 60-vote threshold to bypass a filibuster needed in the Senate).

    Though House Republicans have the majority, it is unclear if and when the CRA will be brought to the floor for a vote, given the minimal concern with the July 1 effective date from the business community. In the Democrat-controlled Senate, the path for a floor vote seems even more uncertain as Senate Democrats do not appear to support the efforts to overturn the final rule. As such, it seems unlikely that Congress will pass the CRA to overturn the final rule this session.

    CUPA-HR continues to monitor for and keep members apprised of any major updates relating to the FLSA overtime regulations.



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  • Frequently Asked Questions From CUPA-HR’s FLSA Overtime Webinar – CUPA-HR

    Frequently Asked Questions From CUPA-HR’s FLSA Overtime Webinar – CUPA-HR

    by CUPA-HR | May 29, 2024

    Reminder for the July 1 threshold update: Lawsuits challenging the final rule are underway. Though such challenges are ongoing, we expect the July 1 salary threshold to withstand legal challenges and to go into effect on that date. Institutions should therefore prepare to implement changes to comply with the July 1 threshold. We will continue to keep members apprised of any new legal updates on the final rule.

    On May 8, CUPA-HR hosted the webinar “How the DOL’s Changes to Overtime Rules Will Impact Campus.” The webinar — presented by Josh Ulman, CUPA-HR’s chief government relations officer, and Laurie Bishop, partner at Hirsch Roberts Weinstein LLP — provided an overview of the upcoming changes to the Fair Labor Standards Act (FLSA) overtime regulations, including the new minimum salary thresholds and automatic updates that are included in the department’s final rule. Nearly 3,000 people attended.

    During the webinar, CUPA-HR received several questions about the applicability of the final rule’s changes to institutions. To answer these questions, CUPA-HR’s government relations team has put together the following FAQ. We also encourage members to visit CUPA-HR’s FLSA Overtime News and Resources page for more guidance and to discuss potential changes with legal counsel and leadership at their respective institutions.

    Background

    On April 23, the Department of Labor (DOL) issued its final rule to alter the overtime pay regulations under the FLSA. The rule increases the minimum salary threshold to $43,888 on July 1, 2024, and then to $58,656 on January 1, 2025. The rule also implements automatic updates to the threshold that will occur every three years. Institutions will need to make all necessary adjustments by July 1, 2024, in order to be in compliance with the first increase under the final rule.

    FAQs

    1. Do all exempt workers need to meet the minimum salary threshold requirement?

    Not necessarily. Generally speaking, an employee must satisfy a three-part test to qualify as an executive, administrative and professional (EAP) employee and therefore be exempt from the FLSA’s overtime pay requirements: (1) the employee must be paid on a salary basis and paid the same amount each week regardless how many hours they work (unless the employee does not work at all that week), (2) the employee must receive a salary not less than the minimum salary threshold established by DOL, and (3) the employee’s primary duties must involve the kind of work associated with executive, administrative or professional positions.

    Some workers, however, may be “exempt” even though they are paid below the minimum salary threshold. In 2019, DOL issued Fact Sheet #17S, which states that teachers, coaches and “academic administrative employees” that meet certain requirements can be exempt even though they are paid below the minimum salary threshold.

    According to the guidance, teachers need not meet the minimum salary threshold if their primary duty is teaching, tutoring, instructing, or lecturing to impart knowledge, and if they are performing that duty as an employee of an educational establishment. This teaching exemption would include higher ed positions such as faculty, part-time faculty, adjunct faculty and others who primarily engage in teaching while working. Additionally, graduate students and postdoctoral employees whose primary duties are teaching, tutoring, instructing or lecturing may also qualify for the teacher exemption.

    Coaches may also fall under the teacher exemption. As DOL explains, coaches whose primary duty is to “teach” student-athletes how to perform in their sport can qualify for the teacher exemption. The guidance clarifies, however, that coaches whose primary duties are recruiting students would not qualify for the teacher exemption, as their primary duty is not teaching, and are therefore subject to the three-part test used for most other employees.

    DOL also explains that “academic administrative employees” need not be paid the minimum salary threshold if they meet the requirements of a separate exemption test. According to the guidance, “academic administrative employees” are administrative employees whose primary duty is “performing administrative functions directly related to academic instruction or training in an educational establishment.” DOL states that, in order for such employees to be exempt, they must:

    • Satisfy the salary basis and salary threshold tests OR receive a salary of at least the entrance salary for teachers in the same educational establishment, and
    • Have primary duties to perform administrative functions directly related to academic instruction or training in an educational establishment.

    DOL explains that academic administrative employees at institutions of higher education generally include department heads; intervention specialists who respond to student academic issues; and academic counselors that may administer school testing programs, assist students with academic problems, and advise students on degree requirements. As with all exemptions, however, DOL clarifies that exemptions are granted based on the employee’s duties rather than their titles.

    1. Are students/graduate students exempt from overtime pay requirements?

    In Fact Sheet #17S, DOL states that most students that work for their institution are hourly nonexempt workers who typically do not work more than 40 hours per week. However, DOL provides guidance on three types of student workers who may receive salaries or other non-hourly pay. These include graduate teaching assistants, who can fall under the teacher exemption if their primary duty is teaching; research assistants, who DOL says typically have educational relationships when performing research under faculty supervision and do not have employment relationships; and student residential assistants, who DOL states are not generally considered employees under the FLSA, as they are often students enrolled in educational programs and receive reduced room or board charges or tuition credits.

    1. How do the overtime pay requirements apply to part-time workers?

    Part-time workers are required to meet all three tests (the duties test, salary basis test and salary level test) to be exempt from overtime pay requirements. Regardless of full- or part-time status, employees must be paid at least the minimum salary threshold on a weekly basis in order to be exempt from overtime pay requirements. That means that, beginning July 1, 2024, full- and part-time employees must be paid at least $833 per week in order to maintain exempt status, so long as the salary basis and duties tests are also met. The same will be true beginning January 1, 2025, when full- and part-time employees must be paid $1,128 per week per week to maintain their exempt status. It is important to note that the minimum salary threshold cannot be prorated for part-time employees.

    1. How do you determine nonexempt/exempt status for partial-year employment? For example, how do you determine exemption status for employees who work for less than 12 months per year but are paid their salary over a 12-month period?

    According to the Wage and Hour Division (WHD) Field Operations Handbook, institutions “may prorate the salary of an otherwise-exempt employee who has a duty period of less than a full year.” For example, an employee who works a nine-month schedule but receives paychecks over a 12-month period may have their checks prorated over the actual period of work (nine months) to determine whether the employee is paid at least the salary threshold.

    Example: An employee who works for nine months (39 weeks) of a year but is paid over a 12-month period receives a salary of $40,000 ($769.23 per week), which would fall below the new July 1 salary threshold of $43,888 per year ($844 per week). Without prorating the salary, it would appear that the employee would need to be classified as nonexempt for failing to meet the minimum salary threshold. However, because DOL allows for employers to prorate the salary of the partial-year employee, the nine-month employee would actually meet the salary level requirement because the prorated weekly salary is $1,025.64 ($40,000/39 weeks), which is well over the July 1 level of $844 per week. As such, the nine-month employee could be classified as exempt, so long as they also meet the salary basis and duties tests. It is important to note, however, that the nine-month employee cannot perform any work outside of the nine-month period if employers choose to prorate their salary to meet the minimum salary threshold.

    1. Can room and board be included in total compensation to meet the salary threshold?

    No. In the existing overtime regulations, DOL specifies that “an [exempt] employee must be compensated on a salary basis at a rate of not less than $684 per week … exclusive of board, lodging or other facilities.”*

    CUPA-HR has historically advocated for the inclusion of room and board in the total compensation considered when determining whether an employee meets the salary level test, and we most recently included this request in our comments responding to the 2023 proposed rule. Despite these efforts, DOL has declined to update the regulations to allow for this. In the 2024 final rule, DOL states that they received comments about granting employers the ability to credit the value of board and lodging towards the salary level, but they declined to address the issue as they view it as outside of the scope of the rulemaking.

    *Note that the $684 per week refers to the current salary threshold. Beginning on July 1, 2024, the new minimum salary threshold will be $844 per week, and beginning January 1, 2025, the new minimum salary threshold will be $1,128 per week.

    1. Can other benefits, such as health insurance, dental insurance and tuition reimbursement, be counted toward an employee’s salary to meet the salary threshold?

    No. Similar to room and board, benefits provided to an employee such as health and dental insurance or tuition reimbursement cannot be counted toward an employee’s salary to meet the salary threshold. These would fall under “other facilities” as included in the regulatory language.

    1. Can institutions provide compensatory time to nonexempt employees in lieu of overtime pay?

    Under the FLSA and its implementing regulations, nonexempt employees at a “public agency” may be compensated with compensatory time off in lieu of overtime pay. Fact Sheet #17S explains that a public institution may be considered “a public agency under the FLSA if it is a political subdivision of a state.” To determine whether a public institution falls under the definition of a “political subdivision,” DOL considers “whether the state created the [institution]” or “if individuals administering the [institution] are responsible to public officials or the general electorate.”

    At qualifying public institutions, nonexempt employees may be compensated with compensatory time off at a rate of not less than one and one-half hours for each hour worked over 40 hours in a given workweek. Most nonexempt employees are not allowed to accrue more than 240 hours of compensatory time off, but nonexempt employees who work in public safety, emergency response or seasonal activity may accrue up to 480 hours of compensatory time off.

    1. My institution is in a state where the minimum salary threshold for overtime pay exemptions is higher than that of the federal standards. Does the federal level take precedence over my state’s salary threshold?

    No. The minimum wage and overtime requirements under the FLSA are meant to establish a floor for pay requirements. This means that institutions in states that have minimum salary requirements for overtime exemptions that are higher than the federal FLSA requirements must adhere to the state levels. For example, in 2024, California mandates that employees must earn an annual salary of at least $66,560 to be exempt from overtime pay requirements. This is significantly higher than the July 1, 2024, level established in DOL’s recent final rule ($43,888 per year). In this case, institutions in California must adhere to the state’s level for overtime exemptions.

    1. Will the final rule be challenged in court?

    Yes. On May 23, a group of 13 local and national associations and Texas businesses filed suit in federal court in Texas, challenging the U.S. Department of Labor’s rule setting new minimum salary thresholds for the white collar overtime pay exemptions under the FLSA. The suit claims that the salary threshold that goes into effect on January 1, 2025, is so high it will result in more than 4 million individuals being denied exempt status, even though these individuals could be reasonably classified as exempt based on their duties, and in doing so, the rule violates both the statutory language of the FLSA and prior court decisions. The suit also challenges the automatic updates.

    CUPA-HR will continue to provide regular updates on DOL’s overtime final rule and the court case underway.


    Disclaimer: The purpose of this blog post is to provide additional information from existing guidance, regulations and laws from the federal government on the FLSA overtime regulations. Content included in this blog post does not constitute legal advice. We encourage members to speak with their institution’s legal counsel about appropriate ways to implement changes on their respective campuses.



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  • CUPA-HR Participates in OIRA Meeting on FLSA Overtime Rule – CUPA-HR

    CUPA-HR Participates in OIRA Meeting on FLSA Overtime Rule – CUPA-HR

    by CUPA-HR | April 9, 2024

    On April 4, CUPA-HR’s government relations team, President and CEO Andy Brantley, and four national board members met with officials at the Department of Labor (DOL) and the Office of Information and Regulatory Affairs (OIRA) to discuss the upcoming overtime regulations to increase the minimum salary threshold. During the call, the group expressed CUPA-HR’s broad concerns with the rule, as well as the specific challenges implementation of the new rule could create for different types of institutions in various areas of the country.

    On March 1, DOL sent the final rule to update the Fair Labor Standards Act overtime regulations to OIRA for review. As previously noted, the OIRA review marks one of the last steps required before DOL can publish the final rule for public viewing. While the rule is at OIRA, the text and details of the final rule are not public, but interested stakeholders are able to request meetings with the administrator to discuss the proposed changes.

    During the meeting, Andy Brantley and Bailey Graves from the CUPA-HR government relations team reiterated the concerns that were addressed in CUPA-HR’s comments submitted in November 2023. The comments made the following four recommendations for DOL to consider prior to issuing a final rule:

    1. DOL should not update the salary threshold at this time.
    2. DOL should lower the proposed minimum salary threshold and account for room and board.
    3. DOL should not implement automatic updates to the salary threshold.
    4. DOL should extend the effective date of any final rule implementing a higher salary threshold.

    Brantley and Graves were joined by CUPA-HR Board Chair Jami Painter, Chair-Elect Robyn Salvo, and board members El pagnier Hudson and Kristi Yowell, who discussed the impact of these potential changes on employee exempt/nonexempt status and employee morale and benefits. They also discussed the impact of the rule on higher education’s efforts to offer competitive wages to employees, the difficulties of having employees in areas with different costs of living, and the impact this rule could have on an institution’s ability to provide student services.

    Looking Forward

    It is unknown when the final rule will clear OIRA review and be published for public viewing. OIRA review typically lasts 30-60 days, and OIRA meetings are currently set through April 11. However, the Biden administration has incentive to move quickly to publish the final rule in order to avoid the rule being overturned via legislation if Republicans win Congress and the White House in the November election.

    The final rule will also likely face legal action once it is published, which could delay the effective date or stop the rule from going into effect in its entirety. CUPA-HR will keep members apprised of when the final rule clears OIRA review and is published, as well as any legal challenges that may arise.



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  • Ten Higher Ed HR Stories That Defined 2023 – CUPA-HR

    Ten Higher Ed HR Stories That Defined 2023 – CUPA-HR

    by Julie Burrell | January 17, 2024

    Last year brought major changes to the higher education landscape. Turnover reached a peak, prompting more attention than ever to retention and recruitment, while looming policy changes in overtime pay and Title IX regulations further complicated long-term planning. And, though it may feel like unprecedented change is the new normal, timeless HR topics like onboarding and compensation strategy also captured readers’ attention in 2023.

    We’ve rounded up the CUPA-HR articles, resources and research that defined 2023 and will continue to shape your 2024. These are the most-viewed stories on our website as well as some resources you may have missed.

    Top Stories

    CUPA-HR members were understandably concerned about the impact of two issues — the retention crisis and the potential shake-up to overtime pay rules — on their campuses.

    1. The Higher Ed Employee Retention Crisis — And What to Do About It

    Key Takeaway: Turnover in higher ed reached a peak last year — the highest level since we started tracking it in 2017 — so it’s no surprise that talent management and recruitment was top of mind. This article marshals a wealth of insights from our members and the CUPA-HR research team to aid HR pros, including a blueprint for employee recognition, as well as strategies for rethinking compensation and flexible work.

    1. The CUPA-HR 2023 Higher Education Employee Retention Survey

    Key Takeaway: The data provided here help explain the record-high turnover. The report also digs into the factors that most impact retention, offering a model for understanding higher ed retention. Analyzing data from 4,782 higher ed employees — administrators, professionals and non-exempt staff, with faculty excluded — from 529 institutions, the survey found that more than half (56%) of employees are at least somewhat likely to search for a new job in the coming year. (Looking for an overview of report findings? Check out our press release.)

    1. Overtime and Title IX Final Rules Targeted for Early 2024 Release in Fall Regulatory Agenda

    Key Takeaway: Last year, the Department of Labor announced that they would target April 2024 for the release of a final rule to update the Fair Labor Standards Act’s overtime pay regulations. The rule seeks to substantially increase the minimum salary threshold required for white-collar professionals to maintain exempt status. To stay abreast of any updates, don’t forget to register for our Washington Update webinars and visit our FLSA overtime resources page.

    Relationships and Well-Being

    The demands on HR pros are at an all-time high. Last year, our members sought ways to care for themselves, their team and their campuses. Two of the most popular resources of 2023 addressed mental health and resolving interpersonal conflict.

    1. Managing Stress and Self-Care: “No” Is a Complete Sentence

    Key Takeaway: In this highly rated recorded webinar, Jennifer Parker, professional development and training manager of the Colorado Community College system, gives practical tools for minimizing stress and leads participants in creating a self-care plan.

    1. Ushering in the New Wave of Conflict Resolution: Tulane University’s Restorative Approach

    Key Takeaway: Learn how Tulane University’s Office of Human Resources and Institutional Equity launched a conflict resolution program, all while successfully managing the pivot to virtual offerings during the pandemic. One of the few university programs in the country to provide a restorative approach, Tulane’s program is a roadmap for fostering and maintaining campus relationships.

    Retention and Recruitment

    Our members offered real-world case studies of talent management and attraction in these feature articles in Higher Ed HR Magazine. They provide success stories and practical tips you can tailor to fit your needs.

    1. Modernizing Workplace Culture and the Employee Experience — Strategies for HR

    Key Takeaway: Workplace culture encompasses so much that it’s tricky to pin down. Jacob Lathrop, consultant to the vice president/CHRO at Michigan State University, defines workplace culture as the feeling employees are left with when they leave work. It’s how they describe their days to family or friends. Old ways of doing things may be harmful to employees’ well-being, while modernizing workplace culture might mean retaining and attracting talent. Lathrop’s tips include embracing flexibility and autonomy, evolving your paid-leave policies, and updating career exploration programs, among others.

    1. A Tale of Two Onboarding Programs: North Carolina State University and
    2. A Tale of Two Onboarding Programs: The University Of St. Francis

    Key Takeaway: A perennially popular topic, onboarding can look very different depending on the institution. In the first article, North Carolina State University’s onboarding manager Amy Grubbs tells the story of their efforts to create consistent new-hire experiences, get supervisors involved in the onboarding process, and bring a full-service Onboarding Center to life through strategic campus partnerships. (Check out Amy’s webinar too, which provides even more information on the Onboarding Center and strategic partnerships.) With more limited resources, Carol Sheetz, formerly of the small, private University of St. Francis, shares her solo effort to build USF’s onboarding program from scratch. This article contains her top tips and resources for other HR pros in the same situation.

    1. Investing in Employees During an Economic Downturn: How We Implemented Our Living Wage Strategy

    Key Takeaway: A decade ago, the Maricopa County Community College District committed to a $30,000 livable wage for its full-time employees, but employees found it challenging to keep up with inflationary pressures and the COVID-related economic downturn. Maricopa responded by raising the livable wage by 15.5 percent, from $14.42 to $16.65. This article explains how HR managed to implement this raise, while preventing additional pay compression and reduced employee morale. (The second phase of MCCCD’s plan, focusing on progressive pay practices, internal pay equity and market alignment, is explored here.)

    1. Recalibrating Employee Recognition in Higher Education

    Key Takeaway: “Most of us continue churning out the same recognition programs — many decades old — often without questioning their value, validating their impact or reviewing for bias,” says author Sharri Margraves, the executive director of organization and professional development for Michigan State University’s human resources. She surveyed 65 higher education institutions to find out how they formally and informally recognize employees. This article not only presents these findings, but also suggests ways to redesign your own recognition program, including a self-audit tool to assess your strengths and weaknesses.



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